Mukha Kumar @ Shyam Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37400 of 2025 Arising Out of PS. Case No.-192 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== Mukha Kumar @ Shyam Vijay Kumar S/o- Gulab Chand Singh @ Gulab Chandra Chaudhary Resident of Village- Shankar Bigha, P.S- Daudnagar, Dist- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Singh, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(d) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per prosecution case, 18600 pieces of wrapper meant for pasting on wine bottles alongwith some other articles from one motorcycle and one co-accused namely, Rakesh Kumar was apprehended on spot, who disclosed the name of the petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he

Patna High Court CR. MISC. No.37400 of 2025(2) dt.25-07-2025 2/2 has been made accused on the confessional statement of apprehended co-accused person, Rakesh Kumar. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise Court No. II, Aurangabad in connection with Haspura P.S. Case No. 192 of 2021, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) Neha/- U T